Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Out of the blue Bailiffs turned up for a ccj I didn't know about. - **SET ASIDE AND COSTS AWARDED**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4566 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just tried that. They say it has now been transferred to my local court, so they no longer have the file. She told me what the original amount was (which is NOT the amount their solicitor said, or the amount that they said was outstanding). She said with fees it is now £xxx.xx which it £200 less then their solicitor said. the total was at with fees. She said to get the PoC there is usually a charge of £5 plus 50 pence per page - and I am unlikely to be able to obtain a copy before the set aside hearing. I guess all I can do is say to the court, I have not seen the PoC but have requested a copy. I was lead to belieive by their solicitor it was for unpaid fees, how ever, after close analysis of transactions between myself an the claimant my account was in credit and they in fact owe me money (as this has come to light I will be seeking to claim this back plus my costs). I have sent payment to the claimant for the amount their solicitor told me I owed them, as a gesture of good will, they have/have not cashed this. Judgement was obtained by default to an address the claimant knew was not my residence.

 

This whole thing is an absolute JOKE! It doesn't even make sense! Can all this be to discredit a complaint I made. Jeesh - to think I dropped it too.

Link to post
Share on other sites

  • Replies 212
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Correct me if I am wrong but:

 

You have a ccj by default and you have no idea what particulars the Claimant gave to the Court to obtain that CCJ.

Now that you are aware of this action you want to take steps to (a) set aside the Judgment (b)make a counterclaim

You cannot proceed further as you do not have any idea of the particulars of the original claim ... to which niether the Court, the Claimant or the Claimants Solicitor will provide.

 

Here you are mid afternoon on a Friday and no further forward . As a last ditch attempt phone and ask to speak to the Court Manager (record if possible) and put forward your argument.

Link to post
Share on other sites

Tried again, spoke yo a lady who clearly thought I was a right donut.

 

She said write to them and they'll send it out within 5 days. They're closed now until Monday so will pop in on Monday morning if I don't get called into work.

 

She said it was definately for unpaid fees.

Link to post
Share on other sites

Right,

 

he was just writing me a letter apparently. Telling me his client would agree to the set aside as long as each partu agrees to claim for their own legal costs. Then I dropped in that they infact owed me money, and I was seeking to counter claim and claim the over payment back. Then he went quiet, he was very nice and said he couldn't advise me, but if I wished to do so I would need to send correspondance to him. I said I would send him proof of overpayment and if he would put that to his client that I would like it back plus my court costs. - He did say it may cost me more then it was worth to go to court (but they owe me more then they ever thought I owed them.

 

Also, he said he doesn't have recordings of calls with me, that was a misunderstanding. I bet it was!

 

Next step?

Link to post
Share on other sites

I'd say do as the man says, send him the proof and give him a reasonable period of time to sort it out (say 14 days).

He would say that about costing you more than it was worth - but his client brought the action and should be prepared for the consequences!

He was also talking bollocks about "his client agreeing" - whilst that makes things easier, the Judge would make a decision anyway!

Edited by Cyberprog
Link to post
Share on other sites

Assaid above you want your costs for the Set Aside application back. After all they started this and the Judgment they have says you notonly pay the monioes they allege are owing butyou also pay their costs - cost of application for N1, Solicitors fees, Warrant of Application fee approx total £350 at a guess. Now that the boot is on the other foot they want out, the Solicitor will be charging another £250 or so.

 

Point out to them you are prepared to go to Court and will be looking to recoup not only any overpayment you may be due but also £80 Court Fee, loss of earnings for 1 day - £150, mileage costs @ 70p per mile, parking costs - at cost etc. Once they realise they should just cough he is trying to minimise their losses.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

To help heap the presuure the Hearing date is looming and you will need to advise all is settled amicably. However do not lose sight of the fact you actually stillneed the Set Aside or for them to apply to have your CCJ annulled so you go back to having a clean history file.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

They have emailed me a letter, agreeing the judgement be set aside blah blah blah, they want a quick response. Can someone have a look for me and tell me what to respond with (rather do it as a PM as I don't know who's looking at this. I have sent them evidence of every single payment - they can look at that all weekend.

Link to post
Share on other sites

It's all a bit legal (I assume that's the point) - saying they won't object if each party agrees to costs. I assume they may also expect me to fork out the original sum as I said I would on the set aside application believing I owed it. I don't want to agree to costs, I want them to pay me what they owe me and my costs. Am i expecting too much?

Link to post
Share on other sites

I will send it for you to have a look at and email. See what you think. Surely I can wait to see what they say about the overpayment before I agree to costs.

 

I will send it later as the kids are using the computer and I'll struggle to do it off my phone.

 

Ezy

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...